A Look At The Marrakesh Treaty Ratification In Brazil
[Allan Rocha de Souza, Alexandre de Serpa Pinto Fairbanks, and Wemerton Monteiro de Souza] The Marrakesh Treaty, first of its kind, will enter into force three months after the deposit of the instruments of ratification or accession by 20 eligible countries. So far, thirteen have done so. Brazil, which was one of the main proponents and negotiators, deposited its ratification of the treaty on December 11, 2015, after the yearlong internal legislative process. The key question we are trying to face here is how the ratification of this treaty may impact Brazilian copyright legislation and the interpretation of the limitations. Click here for more.
News From the Last WIPO SCCR of 2015
[Electronic Information for Libraries] The 31st session of WIPO’s Standing Committee on Copyright & Related Rights (SCCR), that met in Geneva from 7 to 11 December 2015, had a full agenda that included discussion on the protection of broadcast organizations, limitations and exceptions for libraries and archives, presentation of a study on museums, and two new proposals by member states. In a proud moment, the Marrakesh Treaty for persons with print disabilities was ratified by two more countries, bringing the number of ratifications to thirteen. On the downside, there was no agreement to hold regional meetings on libraries and archives. Click here for more.
Open Letter on Ethical Norms in Intellectual Property Scholarship
[Open Letter Signed by 40 Academics] As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate. Click here for more.
Fair and Square – DMCA Takedown Notification Senders Must Consider Fair Use
[Jani Ihalainen] The DMCA takedown notice has become near universal on the Internet, allowing for those whose rights have been infringed online to have the service provider take down that material or face the music for their ignorance. What this has given rights holders is, arguably, a weapon, which allows them to take down material on a whim with very little or no regard to its actual use or purpose. Often one can accidentally include infringing material, or even use them for a legitimate purpose, yet rights holders have never had to consider these facts, but could assert their rights whenever they wanted to. This changed towards the end of 2015, when the US Court of Appeals addressed the question on what amounts to ‘authorization under 17 USC § 512. Click here for more on ipiustitia.com.